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07-4355
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. Q~ - ~F35~ 1.~.1vi ( (er~- Plaintiff v. :CONFESSION OF JUDGMENT AQUILLA FELIX, Defendant :PREVIOUSLY ASSIGNED TO: N/A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: a. Principal $412,495.62 b. Interest to July 13, 2007 $ 61,786.94 c. Late Charges $ 3,656.88 d. UCC Search Fees $ 114.00 e. Attorneys' Fees $ 47,4 R..f TOTAL: $525,481.70, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date; July 2007 By: e S. Shuff, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff ^~ (~ ~~~aa L ~ ~ ~ ~ C~" -,-i Y,. ..p ~ Q .~ - V) ~ ~ ~ p --~ t _ ~a ..' __ ,~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Plaintiff v. :CONFESSION OF JUDGMENT AQUILLA FELIX, Defendant :PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, PNC Bank, National Association, is a national banking association organized and existing under the laws of the United States of America with a principal regional office located at 201 Penn Avenue, Scranton, PA 18503 (the "Plaintiff'). 2. The Defendant, Aquilla Felix, is an adult individual whose last known address is 1206 Ronca Street, Fountain Hill, PA 18015 (the "Defendant"). 3. The Defendant executed and delivered to the Plaintiff a U.S. Small Business Administration Unconditional Guarantee (the "Guarantee"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Under the Guarantee, the Defendant guaranteed to the Plaintiff the payment of all amounts due to the Plaintiff by Felix & Sons, Inc., dba Uni-Mart (the "Debtor") under a U.S. Small Business Administration Note dated May 9, 2005, in the original principal amount of Five Hundred Twenty-Three Thousand Dollars ($523,000), as amended by an Amendment to US Small Business Administration Note dated March 9, 2006 (together, the "Note"), true and correct photostatic reproductions of the originals of which are attached hereto as Exhibit "B" and made a part hereof. 5. The Defendant executed and delivered to the Plaintiff a Disclosure for Confession of Judgment (the "Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "C" and made a part hereof. 6. The Debtor is in default of the Debtor's obligations to make payment to the Plaintiff as required in the Note and the Defendant is in default of the Defendant's obligations to make payment to the Plaintiff under the Guarantee. As a result of the Debtor's and the Defendant's defaults, the Plaintiff has demanded payment of all outstanding amounts as provided in the Note, which are now due and payable in full. A copy of the Plaintiffs demand dated June 8, 2007, is attached hereto as Exhibit "D" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Guarantee or the Note. 9. Judgment has not been entered on the Guarantee in any jurisdiction. 10. An itemized computation of the amount due to the Plaintiff by the Defendant as a result of the Defendant's defaults under the Guarantee is as follows: a. Principal $412,495.62 b. Interest to July 13, 2007 $ 61,786.94 c. Late Charges $ 3,656.88 d. UCC Search Fees $ 114.00 e. Attorneys' Fees $ 4Z,42R_ .f TOTAL DUE: $525,481.70 11. Interest continues to accrue at a rate equal to the Prime Rate published in the Wall Stree .T~ ~rnal, plus two and one-half percent (2.50%), adjusted monthly. WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the Defendant, Aquilla Felix, in the amount of Five Hundred Twenty-Five Thousand Four Hundred Eighty-One and 70/100 Dollars ($525,481.70), plus interest at a rate equal to the Prime Rate published in the Wall Street .T~Lrnal, plus two and one-half percent (2.50%), adjusted monthly, adjusted monthly, through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff maybe entitled. Respectfully submitted, McNees Wallace & Nurick LLC Date: July 2007 By: ey S. Shull, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. AQUII.LA FELIX, Defendant DOCKET NO. CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Kyra E. Zoranski, Assistant Vice President for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~•~hjl~ PNC BANK, NATIONAL ASSOCIATION ' , ~ c ~' ~~ ~. ~ ~~ tIS adl tlu tas A eta a fain LT.S. Small Business Adtnttistration ~. UNCt`)NDITIONAL GUARANTEE 58A Loan ~ F'LP 8825334t?-flt 58A loan Name Unwltitarl Guarantor Aqutia Feiix ~ 6orrawer t FeCix & Sons. Cnc. db2 l}ni-tdCari , endE#r tionat Associattcin N a PNC B2nk, bate C , ~ ~~„~''- ._ffl.~ Note Amount ~523,0t7fl.Lt0 .~ .~ k. C3LIARANTEE: Guarantor urtconditionally guarantees payment to Lender of aiC amounts awing under the i+3ate. This Gtutrantee rt;rnains in effect urnil the Nate is paid in Rill. Guaratttot trust pay all amounts dun under the itiiota when Lender makes written demand upon Cuarantor. Linder is not required to seek payment from ary t)ti-er source before demanding payrncnt from Guarantor. ... ?VOTE: The "Nate" is the promissory note dated ~^~~ ~--~~ _ - in the principal amount of Five Hundred 7~venty `I'ttrae'T7~usand- - --- ----..~'IOa_ I)oClars, from Borrower to lender, ti intlndes any assumption, renewal, setbstitution, or rcptacemr:nt ofthe Note, and multilrie natca under a line of credit. ""Collateral" means arty property taken as security for payTnent of the Note or any guarantee of the Note. .`Loan"means the lean evidentcd by the Note. "Caen Documents" means the documents. rotated to ilia Loan signet by Borrower, Guarantor ar any other guarantor, or anyone who pledges Collatoral, "St3A" means the Small Ausiness Administration, an Agency of the C3nited Scares of America. 59A Fwm +~9 tttU6t3) F'mo~us ads pi~Vlsto. F'ayc il3 BartCtets Systems, Inc., 5t. Cioud, AAN L x~,;.~,t `` ~~~ !"~ 1 .' 4. LEtrDER'S Ci1~iBRAL I~flWI/RS: Lender may take any of the Callowutg action$ at any time, without native, without Guarantor's consent, and without making demand upon Guerarttar. A. Modify the farms of the Kota or any other Loan Document except to ncrt~se the amauttts due under the trots; B. tte$uin from taking any action on rite. Irota, the CoiTaicrai, or any guaaanteey C. Release any Borrower or any guarantor of the Note; D. Compromise or settle with the Borrower or any guarantor of the trots; E. Substitute or release any of the Collateral, whether or nat Lender receives anything in rexurn; F. Foreclose span ar otherwise obtain, and dispose of, Fury Cnllatera! at public or private sale, with or without advertisamant; G. Bid or buy at any sale of Gollataral by Lender or any other trenholder, at any price Lander chooses; arsd l~l. Bxcrcise any rights it has, including those in the Note and other Loan Documents. Thane aetiotx4 will act releaso or reduce the ©bligat9ons of t3uarantor or create any rights or alaitns against Lender. 5, FEDERAL LAW: When SBA is the holder, the Kota and this Guarantee will be construed and enforced under federal law, including SBA regulations. Lender ar SBA may use state or local procedures {or filing papers., recordinm documents, giving notice, foreclosing Betts, and other purposes. By using suah procedures, 313A does not waive any federal immunity from state or local control, penalty, tax, or liability. As w this Guarantee, Guarantor may not claim or assert arty local or state law against SBA to deny any obli~rtion, defeat any claim of SBA., or preempt federal ia~v. 6. lLlGiiTS, NOTICES, A.ND i~E~'ENSL'S THAT GUAl2.A'N"J`Olt WAIVES: To the extent pern3itted by law, A. Guarantor wai•+..~es ail rights to; l) Require presentment, protest, or demand upon l3otrower; 2) Redeem any Collateral before or otter Lender disposes of it; 3) Have arty dispositsan of Collateral advertised; and ~) Require a valuation of Collateral before or after Leader disposes of it. C3, Guarantor waives any notice o#: 1} Any defau}t under the Note; 2) ?resentrnent, dishonor, protest, nr demand; 3) Execution of the Notc; 4} Any action nr inaction on the ~?ote or C,ollatcral, such as disbarsaments, payment, nonpaymen*; accclerazion, infant to accelerate, assignment, collection activity, arni incurring enforcement cxpcntscs; ~} Arsy change in the financial condition! or business operations of Borrnnrar or any guarantor, 6} Any changes in the terms of the Nata or other Loan Documettts„ except incraasts in the amounts duo under the Note; and 3) Tlta time or piece of any s$!e or athc~ di~osition of Collateral. C. Guarantor waives defenses based upon any claim that; t) Lender failed to obtain any gtaarantee; 2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral; 3) Lender or others improperly valued or inspccied the Collateral; 4} The Collateral changed in value, or was neglected, last, deso~oyed, or underinsured; SbR Pwcn t<b ('~Of9al Pnev!©us sd ot>s~era. Page 7SB t3anlcers Systes; is. inc., St. Cbtid> I+AN ~) Lender impaired the Collateral; ~} Lender did riot dispose of any of the Collateral; ~ Lender did not conduct a comrnerciatty reasonable sale; 8} Lender did not obtain the fair tttarket value flf the Callatt:ral; 9) Lestder did not make or perfect a claim upon the death ~ disabt~ity of Borrower or arty guarantor of ttta Note; 10} The financial condition of &trrowes or any guarantor was overstated or has adversely changed; I I) Lender made ermrs or omissions in Loan Doatuttants or administration of the Loan; 12) Lender did nqt seek payment from the Borrnwer, any other guarantors, or arty Collateral before demanding payment from Guarantor: I3} Lender impaired t,ruarantor's suretyship rights; 14) .t.ender madi fled the 1Vote termsa other than to increase amounts due under dte Note. If Lender modifies the Non to irxreast the amounts due under the Note without C3uarantor's consent, Guarantor will not be Iiable for the increased amounts and related interest and expenses, bat remains liable for all other amounts; 15) Btrtmwer has avoided. liability art the Note; or IFi} Lender lass taken an action sClotvcd under the Note, this Guarantee, or othor Loan Documents. ?. DiJ''fll~S AS TO COLLATBI2AL: Guarantor will preserve !hc Collateral pieclgcd by Guarantor to secure chic Guarantee. Lender has no duty to preserve or dispose of any Collateral. $, S1JCC£SSORS Ah=D ,4SSItiN5: Lander &':is Guarant:~e, Guarantor includes heirs and successors, and Lender includes its successors and assigns. 9. Gb7ERAL PROYiSIONS: A, ENF(}R~M~'T' 1rXI'I"sNSES. Guarantor promises to pay all expenses Lender incurs to cnfaret this Guarantee, including, but not limixd to, attorney's fees and costs. B. SBA NOT A CO-GUARANTOR Guarantor's liability will cominue even if SI3A pays Lender. SI3A is not a ca•guarantor with Guarantor, Guarantor has no of coniributian from SBA. C. SUBROGATION Fi1GH"fS. Genaratnar has no subrogation rights as to the Note or the Collateral until the. Note is paid in fii[1. D. JOINT AND SE1rEi2AL LIABILITY. All individuate and entities signing as Guarantor are jointly and severally liable. ~. DOCt,7:MIaI*W"I' SIGNSNG. Guarantor must sign all documents necessary at anytime to comply with the Lawn Documents and to enable Under to acquire, perfect.: ormaintaitt Idender's liens on Collateral. F. FINANCIAL ST.ATE2~SENTS. Guarantor rntrst give Lender financial stattsrnents as Lencie7 requires, G. LENDER'S R3GEITS CLIMLILATIVE, NOT WAiVEI7. Lender may exercise any of Its rights separately or together, as marry tunes as it chaosex, Lender may delay or forgo enforcing any of its rights without lasing or irctpairing any of them. H, ORAL STA'i'EhiENTS NOT 9tNDING. Guarantor may not use an Drat statement to contradict or alts: t§o written tams of the biota or tl!is Guatamee, or to raise a drfatse to this Guarantee. I. SE'~ERAl3ILITY. If any part ofthis Guarantee is found to be unenforceable, all other parts will remain in cfI'ect. 7. CONSITJERATION. The consideration for this Guararncets the Loan or any accommodarion by Lender as to the I,aart. 5F3.4 Farm ydd {ip18El i~re++ianrs eCitfuns raDsdete. ~e 316 Blankets Systorns, lrtc., St. Cloud, MN 10. STATE-SPECIFIC PTtOVtSIONS: 1. POW ER TO CONF ESS JUDGMENT. UNDF..RS~IED HEREBY EM~}WERS ANY ATTORNEY OF ANY COURT OF RECORt3, AT ANY TIME AFTER THE OCCURRENCi± OF ANY EVENT OF DEFAULT HERELflVDER, TO APPEAR FOR THE UNDERSIGNEp ANp, WtTW OR WCT'HOIf(' COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUI3GMEIv'TS, AGAINST THE UNDER5IG#JED iN FAVOR OF THE LENDER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST ANO ALL OTHER AMOUNTS DUE HEREUfVDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 1(7°!0 OF SUCH PRINCIPAL AND tNTERtEST ADD>:D AS A REASONABLE ATTORNEY s FIwE, AND FOR gWdiNG S0, THIS {iUARANTY OR A COPY VERIFIED 6Y AFF#DAVfT SHALL BE A SUFFICIENT WARRANT. THE UNDIrR51GNED }iEREBY FOREVER WANES AND RELEASES ALL ERRORS tN SAID PROCEEDTNG5 AND ALL RIGHTS OF APPEAL AND AIL RELIEF FROM ANY AND ALL APflRAISEMENT, 5TAY OR EXEMPTfON LAWS OF ANY STATE NOW !N FORCE OR HEREAFTER ENACTED. Jt.~iGMEh? N111Y SE CONFESSED FROM TIME TO TIMt? UNDER THE AFORESAID POWER. TO CONFESS JUDGMENT AND NO SSNGLE EXERCISf± OF THE FOREGOING POWER TO CONFESS Jt1OGMENT, OR A SERIES OF JUDGMEN75, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER QR Nfl7 ANY SUCH EXERC{SE SHALL $E HELD BY ANY COURT TO OE INVALID, VOIDABLE, OR VOfD, BUT THE POWER SHALL CONTINUE UNDIMINSSHED AND fT MAYBE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL ELECT UNT}L SUCH 'TTA~tE AS THE LENDER SHALL HAVE RECt<IVED PAYMENT IN FULL OF THE DEBT, i;~TERt=ST, CASTS ANO FEES. 2. Govemir~ t.aw, Jurisdiction. This Guaranty vn}i be interpreted and the rights end IlAbiiiiies of the parties hereb determir~d in ac~rdance with the taws of the Comrrx~nnweal#h of Pennsylvania, excluding its canflici rst laws miles. Tlsa Undersigned hereby irrevocably rmnssnts fa the exclush+s jurisdiction of the Covets of Gammon Peas of the GomrrronweAlth of Pennsylvania artd the United States District Court for the EAStem pistrict tyf Fesnnsylvania; prevlded #hat ndhing cxrrr#ained in this Guaranty will prevent the Lender or any holder hert~of from bringing any action, enforcir~l any sward arjudgrntrrt nr exercising any rights agains# the Undersigned, againsf Arty security ar against any property of 'the Undersigned wl#h1n any other county, state or Other foreign or domestie jurifidiction. The llndersk~ed agrees that the venue provided above is tt}e most canvenfan# forum icx tooth the Lender arxi the Lndersigned and the tJndersfgned waives any objection to venue and any objection based ~ a more convenient forum in any action Instituted under ihls Guaranty. The Undersigned agrees that service of process in arty such proceeding may be duty effected upon firs Undersigned by rnalling a r~apythereof by repisit±red mail, postage prepaid, t0 the Unders~ncd. 3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY ANO ALL FLIGHTS THE UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE REIATCNG TO THIS GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY ~ ANY TRANSACTfON CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUN`T'ARY. S9A ROrm s a8 ¢1'N987 Pr6hats 0pn0 abscls3e. Page a15 Bankers Systems, Irtc., S#. Cloud, MN ,~ ,~ 1 I, C3UARANTOFtACKNOWLSDG.'~NT OF TERMS. Guarantor xlrnowledgas that t3uarantor has rand aad ~tds the s9gnif~cance of aIi terms of the Note and this GvaratYtee, irtclvdiag all waivers. I2 GUARANTOR NAMES) AND STGNATCIK:E(5~: By signing blow, cash individual ~ entity becomes obligated as Guarantor under this Guararttec. ..• Aqul Feilx saa zcm, taa (rwaai ~3tlarza obs~o~ote. vase srs Bertkars systems, Inc„ St. Cloud, Mh! , . os ~r.a. ~ ~+.~+ U.S> Small Ilusinass Administration '~` I~C}TE ~T~ SSA Loan # PLP 88253344-tY~ SSA Loan Name tlni-tart r Data .~ ____._ r~ Loan Amount ; 23,040.40 Mterest Rate irlaating at WSJ Prima plus 2.50196 resulting in an initial rate of 8.259'0 Felix. & Sons, lnc, dtsa tlni-Mart 8orrawer Operating Campeny Lender 3 PNG $anl~, National AssotHalbn t. PRO?vtTSE T0> PAY: In raturn for the Lana, Borrower promises to prry to the ardor of l,cndcr the amount of Five Hundred 7v~ent~Three Thousa:xl°......_.._~..._.~........._.._,_... -401100 DQliars, interest on the unpaid prncipa3 balance, and ail other amounts required by this Note. 1 "{aallateral" means any property taken as seourity for payment afthis Note or any gtarantee of this Nate. "Cruarazror" means each person rr entity that signs a guarantee ofpaymcnt of this biota. "t,aan" means Hie lawn evidcncad by this Note. f "i„aan ~acumcnts" means the documents reiatad to this loan signed by 8arrower, any Ge~arantar, or anyone u•ha pledges collateral. "SBA" means the Strsatt Btssinecs Administration; an Agency of the United States ofrlmerica. SElA Fenn t~7 tt~Q3hD2? Versron z,! image lib Banners Systems, Inc., St. Clo4d, ;ti7N 3. PAYMfiNT TERMS: _-.-.,~ Bomawer must make all payments at the place Lender designates. 'the payment terms for this Note are: This Note will mature in 10 years from date of Nota. The Interest rate on this No#e will fluctuate. The Jnitia) interest rata is 8.25% per year, This initial rate is the prime rate on the date SBA rat;eived the 3oan applicatlcm, plus 2.5496. The initial interest rate must remain Jn effect until the first change period begins. Borrower mast pay Interest on the disbursed principal balance, plus principal of ;x4,358.33 every month, beginning one month from ttte monfh this Note is dated; payments must be made on the first calendar day in the months they are due. - Lender wilt apply each JnsiaRment payment first to pay interest accrued to the day Lender receives the payment,. then to bring principal current, then to pay any fate fees, and will apply any remaining balance to reduce the principal. The interest rate will be adJustsd morithty {the "change period"). The "Prime Rate" is the prime rate in eff+act on the iirsi business day of the month (n which ;an Interest rate change occurs, as published in the Wall Street Journal on the next business day. The adjusied interest rate wilt be 2.50°1° above the Prime leafs. Lender will adjust the interest rate on the first calendar day of each change period. The change in interest rate is effective on tht!t day wheih~r or not Lender glues Borrower notice of tits change. lender must adjust the payment amount 8t least annually es needed to amortize principal over the remalni~ term of the nose. If SBA purchases tine guaranteed portion of Ufa unpaid princpal balance, the interest rate becomes fixed at the rate in effect at the time of thta earliest uncured payment default. if there is no uncured payment default, the rate becomes fixed at the rate Jn effect 2t the time of purchase. Notwithstanding any provision in this Note to ttae contrary: Borrower may prepay this blots. Borrower may prepay 24 percent or Less of the unpaid principal balance at any time without notice. if Borrower prepays mare than 2G percent and the Loan has been sold on the secondary market. Borrower must: (a.) Give Lender written notice; {b.} Pay aU accrued inten3st; and (c.) Jf the prepayment Is received less than 29 days from the date Lender receives the notice, pay an amount equal to 27 days' interest from the date Lender receives tr3e notice, tens any interest accrued during the 27 days and paid under ~bparagraph b., above, If Borrower does not prepay within 34 days from the date Lender receives the notice, Borrowar must glue Lender a new notice. Al! remaining principal and accrued interest is due and payable 44 years from data of Note. Late Charge: Jf a payment on this Note is more than 14 days late, Lender may charge borrower a late fee of up to 596 of the unpaid portion of the regularly scheduled payment. ....... , .,w~w,.A„~.,»., ~o~ Bankers Systems, Inc., St. Cloud, MAd 4. DEFAULT: Harrower is in dofautt under this Note if Borrower does not make a paytnem when due under this Note, ar ifBorrower ar t?perating Catnpany: A. Fails to do anything regtrir+ed by this Note sad other Loan Documents; B. Defaults an any other loan with .Lender; C. Does not preserve, or account to Loader's satisfaction fnr, arty of the Collateral or its ps+ooceds; D. Does net disclose, or anyone aging on their bohelfdaes not ~salase, any material fact ttt Lt:ttder or SBA; E. Makes, or anyone acting on t}teir behalf makes, a materially false or misleading roprescntation to i.cndrr or SBA; F. Defaults on any loan or agreement with another creditor, if L,eradca believes rite default may materially affect Barravwer's ability to pay this Nail; G. hails to pay any taxes when due; H. Becornet she subject of a proceeding under any bankruptcy or insoivrxicy law; I. Has a receiver or liquidator appointed far any part ofthoir busintsss yr property; 7. Makes an assignment far the benef°rt of creditors; K. Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's abelity so pay this Note; L. Reor,anizes, merges, consolidates, ar otherwise changes ownership or business structure without Lender's prior tivsitren consent; nr M. Becomes rho subjoct of a civil or criminal action that Lender believes may materially affect Borrower's ability tc pay this Note. 3. LENDER'S RItsh37'S [F THERE IS A DEFAt,TLT: Without notice ar demand and without $}ving up any of'its rights, Lender tray: A. Require iatmediatc payment of al! arnaunrs Doing under this Note; B. Collect all amounts awing frota any Borrower or Guarantor; G. File sins and obtain judgment; D. Take possessiost ofany Collateral; or F. Sell, lease, nr Qt}ier'lV2&~ d23po'.,r. Of, 2rzV Collateral at ptil7liC Or priYate gale, with or without advertisement b. LEIDER'S CENfiRAL PtaVr°ERS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy the: Collateral as its sale or the sale of another lienholder, at any price it chooses; B. Jncur expenses to colleen amounts due under this Note,, enforce the terms ofthis Not: ar any other Loan Documtrnt, and pt~eserve or dispose of the Collateral. Among other t}tirtgx, the atrpcnses may include payments for property taxes, prior lions, insurance, appraisals, environtntntai retrtediasion costs, and reasonable attonicy's fees and ruts, If Lender incurs such expenses, it Wray demand irrtmediate repayment from Barro~ver or acid rho expenses to the principal balance; G. Re}ease anycrrte obligated to pay this Nate; }~. Compramist, re}ease, renew, extend ar substitute any of the Collateral; and E. Take any action necessary to pmtecs the CoAateral or collect amounts owing on this Nate, 88A Fam ti7 {39t12i Version 4.! Paege at6 Bankers Systerr~, Inc., St. Gbud, 7. WHEN FEDERAL LAW APPLI$S. Whin SBA is the Yzoldtr, this ?Mott will be interpreted and enfarced under federal law, including SBA ragulat#otsa Lender ~ SBA may use start ar local procedures for Elting papas, record#ng dacutnents, giving notice, foreclosing liens, and other purpos~s,l3y using such procedures, SBA dots not waive any federal #mtttun#ty from state or local cotatrol, penalty, tax, or liability. As m this Nate, $arrowar may not ole#m or assert against S&4 any local ar start law to deny any obt#$ation, defeat any cia#m of S$A, or prtatnpt federal taw. S. SUCCESSORS ART17 ASSIGNS: Under th#s Nate, Borrower and Optratittg Company include the successors of each, and Lender itscludts its successors and. assigns, 9. GENERAL PROVISlO`1S: A. Alt #ndividuais and entities si,r~nitzg this Note art jointly and severally liable. B. $orrowtr wa#ves al; suretyship defenses. C. Borrower must sign. all doer~rnents naoessary at any time zo comply with the Loan flocumettts and to enable Lender to acquire, perfect, or maintain Lender's l#errs or. Collateral. D. Lender may exercise any of its rights separately or togeLicr, as many tigts and #n any order it chooses. Linder may delay or forge crd'orcirag any of its tights without giving up any of them. E. Borrawrx may net use ~ oral statement of Lender or SBA to contr2d#ct or alter the written terms of this ?:nee. F. if any part of This Nate is unenforceable, all other parts remain in tffcct G, To the extant allowed by taw, Aorrowtr waives all demands and notices in conntot#on vrith this Nvte, including presentment, demoted, protest, and notice ofdishonor. l3arrower also wa#ves an}• deftatses lsasesd upon any claim that Lendtz did trot obtain any guarantee; did not obtain, perfect, ar maintain a tiers upon Collateral; impaired Collattrai; ar did nor obtain the fair market valor of Collateral az a sale. ~A FW4n .4T (pLfD31a2} VgtEbff A, 3 Fags y~ Einrlt2c?rs Systems, IrtC., 5t. Cloud, R9N t0. STATE-SPECTPIC PROVIS%ONS: 1. POWER TO CONFESS JUDGMENT. t1NDER5ityPIED HERESY EMPOWERS ANY ATTORNEY qF ANY .COURT OF RECORf~, AT ANY TIME AFTER THE OCCURRENCE OF ANY E1*'ENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE UNDERSIGNED ANb, WIYN OR WITHOUT COMF'tAINT FILED. CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS,. A{3AiNST THE UNbE.R51GidED iN FAVOR OF THE LHJDER qR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREtMDER, TOGETHER WITtt COSTS OF SUIT AND AN ATTORNEY'S COMM 1581ON OF 1b°,5 ~ OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY`S FEE, AND FOR DOING SO, THtS NOTE OR A COPY VERIF-ED 8Y AFFIDAVIT SHALL BE A SUf=FICIENT WARRANT. TFii: UNDERSIGNED HERESY FOREVER WAIVES AND RELEA5E3 ALL ERRORS EN SAID PROC>wEDiNGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY ANp ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. JUDGMENT MAY BE CONF1rSSED FROM TIME TO TIME UNpER THE AFORESAID POWER Tq CONFESS '~ JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL 8E DEEMED T4 EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE iNVALtD, VK3IDABLE, OR VOID. BUT THE POWER sHAU CONTINUE UNDIMiNiSHED 1~NL' IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL ELECT UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST, COSTS AND FEES. 2. Govsrr~ng Law; Jurisdiction. This Note will bs interpreted and the rights and liabilities of the parties hereto determined in 2ccordance with the laws of the Camrrxlnwsalth of Pennsylvania, excluding its cron!lict of Eaws rules. Tt;e Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Caurts of Gammon Pleas of the Commanweaith of Pennsylvania acrd the United States District Court for the Eastern pisUlct of Pennsyivan'r~; provided that nothing contained in this Note will prevent the Lander ar any holder hereof from brining any action, enforcirx~ eny aavard or judgment ar exercising any rights against the Undersigned, ~ainst arty security or a~airt,St any properly of the Undersigned wittun arty Other county, state or other foreign or darne$tic jurisdiction. The Undersigned agrees that the venue provided above is the most convenleni forum for txkit the Lender and thr3 Undersigned and the Urxisrsdgned waives any objeclon ~ venue and any objection based on a more convenisnl fcxum in any a~i~ instituted under this Nate. The Undersigned agrees that service of process in any such proceeding may bs duly effected upon the ,Undersigned by mailrng a copy thereof by registered mail postage prepaid, to the Undersigned. 3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WANES ANY AND ALL RIGHTS TH>r UNDERSIGNED MAY HAVE. TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING qR CLAIM OF ANY NATURE ~ RELATING TO TH1S NOTE, ANY DOCUMENTS EXECUTED iN CONNECTION WITH THIS NOTE qR ANY i TRANSACT1gN CC~ITEMPLATEO EN ANY pF SUCH DOCUMENTS. THE UNDERSIGNED ACf~NgVUL.EDGES THAT I THE FgREGOINC~ ~lAiVER i5 KNgWiNG AND VOLUNTARY. saA term t a~ {oaroarozl ver~+on .~. ~ Pa~c 5~i 6anlters Systems, inc.. St. Cloud, MN 11. BO[tRCfWER'S NAME{5) ATd~ 3TGNAT'iJRF.{S}: By ~gning beiaw, each individual ar entity becames obligated under this Note as Borrowcr. Felix & Sons, fr~c. dba Uni-fvlart +.~~' ~ Felix, President L't7 ~t~t E t-~ l1 S S@A ~orcn 14 i {06,JZf Ugrxion 9, s g,~ T3ankers Systems, inc., St. Cloud, t~AN ~~ f •~~~ Amendm~erit to I78 Small Busi»ess P1VC~.~.R~~ Adrnlnistration l'~ote TiN15 AMENDMENT TC iIS SMALL Y3Y3S1NESS AAMINISTRATIUN NOTE (this "Amendmea#") is made as of Match 9, 2006, by and between FELiX & SONS, INC. D8A t3NIMART (the "Borrower"), and PNC BANK, NATIONAL AS5t3CIATION (the uBank"). BACKGROUND A. The Harrower has executed and delivered to the Bank (or a predecessor whit;h is now known by the Bank's name as sm forth above), a US Sma11 Business Administration Nate, wttich is mare fi,liy described an attached Exhibit A, which is made a part of this Amendment (collectively as amended from time to time, the "Loan Doeumenta'") which evidences or secures sours or alt of the Borrower's abligatians to the Bank far one or more loans or ether extensions of credit (the "Obligatian3"). E3. The Borrower and the Sank desire to amend the Loan Dacurnanu as provided for in this Amendment. NOW, TH$REFQRE, in consideration of the mutual covenants herein contained and intending to be legally bound hereby, the part'tas hereno agree as follows: I, Certain of the Loan Documents are amended as set forth in Exhibit A. Any artd atI references to any Loan Document in any other Goan Document shalt be dtt:med to refer to such Loan Document as amended by this Amendment. This Arnendmant is deemed incorporated lure each of the Loan Docurents. Any initially capitalized teems used i» this Amendment without definition shall Nava the meanings assigned to these: terms in the Goan Documents. Ta the extent that any term or provision of this Amendtnant is or may be inconsistent with any term or provision in any loan Document, the farms aitd pruvisans vfihis Amendment shall control. 2. The Borrower hereby certifies that: (a) ail of its representations and warranties in the Loan Documents, as amended by this Amendment, era, Except as may otherwise be stated in this Amendment; {i) true and correct as of the date of this Atrtandmant, (ii) ratified and confirmed without condition as if mods gnaw, and (iii} fncatporatad into this Amendment by reference, (b) no Event of t7efauit or avant which, with the passage of lima or the giving of Hotter or botft, would constitute an Event of Default, exists under any Loan Document which wilt not be cured by the execution and effactivanass of this Amendment, (c) na consent, approval, order or authorization of, ar registration or filing with, any third party is required in connection with the execution, delivery and carrying out of this Amendment or, if required, has been obtained, and {d) this Amendment has bean duty autharixed, executed and delivered so that it constitutes the legal, valid and binding obtigstfon of the Harrower, enforceable in accordance with its terms. The Borrower confirms that the Ubligations remain outstanding without defense, set ofl'; counterclaim, discount or charge of any kind as of the data of this Amendment. 3. The Borrower hereby confirms that any coilaterat for the Obiigatians, including Bens, security interests, mortgages, and pledges granted by the Borrower or third parties (if applictible), shall continue unimpaired and in full farce and afltct, aril shall cover and secure alt of the Borrower"s existing and future Obligations to the Bank(, as modified by this Amendment. 4. As a condition precedent to the eflictiveness of this Amendment, the Harrower shalt comply with the terms and conditions {ifa»y) specified in Exhibit A. S. This Amendment may b~ signed in any number of counterpart copies and by the parties to this Amendment an separate counterparts, but alt such copies shale constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Arnendmant by facsimile transmission shall be effective as delivery of a manually executed counterpart. Any party so executing this Amendment by facsimile transmission shall promptly delfver a marruaily executed counterpart, provided that any. failure to do so shall not affect the validity of the counterpart executed by facsimile traasmiasion. Farm t7A - Multistate Rev. 3149 _~.__._ .r~~ 6. This Amendment will be binding upon and inure to the benefit of the Borrower and the Bank and their respective hairs, executors, administrators, succassars and assigns. 7. This Amendment has been delivered to and accepted by tfie Bank and will be deemed to be made in the State wham the Bank's of#ice indicated in the Loan flocuments is located. This Amendment will be interpreted and the rights and liabilities of the partite hereto determined in accordance with the laws of the State where the Bank's office indicated in the Loan l3ocutnetsts is Located, excluding its cnnflact of laws rules. 8. Except as amended hereby, the terms and pravasions of the Loan flocuments retrain unchanged, are and shall remain in felt farce and effect unless and anti! modifrai or amended in writing an accordance with shear terms, and arc hereby ratified and confirmed. Except as expressly pravidtd htrein, this Amendment shalt net constitute an amendment, waives, consent or releast: with respect to any provision of eery Loan Document, a waiver of any default ar i~vent of fltfautt under any Loan Document, or a waiver or release of any of the Bank's rights and remedies {all of which are hereby restrvod}. The 8arrower expressly rstities and confirms the confession of jnd~tacn# {it applicsblr) and waiver of jury trial pravislons contained in the Loan Documcn#s. WITNESS the due execution of this Amendment as a doctunent under seal as of the date first written above. WIT~NE~S--S /~ATTE3 r ) Print Name:. .S0. ~ 4 cui~' Title: ~rE'ranc~~ czr~-~ ~.s~.r1 FE & SONS, INC. DBA UNIMART Hy. r . ~s1rA~.} Cornelius Felix ` Fresider#t (include titlo only if an officer of rntity(sfignin$ to thr right) FNC BANK, ATIC3 SSOCIATION $y: ~~~`'~r ,~~~~s~AL} Print Name: {~ Title: ~ ~ C • 2 - IRarm i17A - Multistate Rev. 3N39 -f r ' EXHIBIT A TO AMENDMENT TU LOAM DOCUMI'/NTS DATED MARCH 9, 2406 A. The "Loan Documents" that are the subject of this Amendment include the following {as any a9' the foregoing have previously been amended, modified or otherwise supplemented): l 1. US Small Business Administration Note dated May 9, 2005 in the original principal amount of $523,000.{)0 (the "Note"}. 2.' All other documents, instruments, agreements, and certificates executed and delivered in connection with the Loan Documents listed in this Section A. B. The Loan Documents are amended as follows: The repayment schedule is hereby modifred as defined below: "The interest rate on this Note will fluctuate. The initial interest rate is 8.25% per year. This initial rate is the prime rate on the date SBA received the loan app9icaiian, plus 2.50%. The initial interest rate must remain in effect until the first change period begins. Borrower must pay principal and interest payments of 56,09~i.?4 every month, beginning one month from the month this Amendment is dated; payments must be made on the first calendar day in the months they are due, The interest rate will be adjusted monthly (the "change petad'~. The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change occurs, as published in the Wall Street Journal on the next business day. The adjusted. interest rate wi91 be 2.50%a above the Prime Rate. Lender will adjust the interest rate on the #irst calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change. Lender must adjust the payment amount at Ieast annually as needed to amortize principal over the remaining term of the note. ' If SBA purchases the guaranteed portion of the unpaid principa! balance, the interest rate becomes fixed at the rate in effect at the time ofthe earliest uncured payment default. Ifthere is not uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase. All remaining principal and accrued interest is due and payable 4 years and 2 months from the date ofthis Amendment, ' Notwithstanding any provision in this note to the contrary: - 3 - Focm t 7A - Mntt~siatt Rev. 3/99 ' ~ 1 ~ .. _ ...p_.. ._ w.._.._ Borrower may prepay this Note. Borrower may prepay 2b percent nr less of the unpaid principal balance at any limo without notice, if Borrower prepays mare than 2fl percent and the ~.,oan has been sold on the secondary rrtarket, Borrower must: a. Give bender written notice; b. Pay all accrued interest; and c. if the prepaymtm is received less than 21 days froth the date Lender receives the notice, pay an amount equal to 21 days interest from the date I,.ender receives the notice less any interest accrued during the 21 days and paid under subparagraph b., above. Late Charge: If a payment an this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5% of tht unpaid portion of the regularly scheduled payment " G. Conditions tin Cffectivtness of Amendment: The Bank's willingness to agree to the amendments set Forth in this Amendment are subject to the prior satisfaction of the following conditions: I. This Amendment to Loan Documents duly executed by Borrower and $ank. 2. The Consent of Guarantors to this Amendment to Loan .Documents duly executed by all Guarantors. - 4 - Form 17A - Moitistate T{ev. 3199 ~~~~~ Disclosure fir Con~ess~ox~ of Judgment P~+TC~"I~ (Guarantor vna~~d: aQv~, x~t~x sl~~rlax~likx;~l~, ~~ ~s+~x~ ~: >€mlc sA~, N~~raxA£, assc~cxn~xiGarl seas Tmiccrn~ aovt~vARia ~sn~~Ila~,pau, pA rsrsa The undersigz~cd has executed, audlar is execwting, on or about the date hereof, a US Small l3nsiatess Administration Guazaniy and Commercial Quaranty, in tit of the obligations owed to I.euder by F~LIX & SC1PtS, TTvC, dba [,l'IV~I~tT under which the undersigned is obligated to repay marries to Lender. A. TI3[I; IlNDY1Z51t"NLb AGI(1~OVf7,.EDCr6S AND AG3tEES THATTIiE ABOVE DbCUI~NT CONTAIiY5 PIiOYLSICk\S I'~DER wH7GH l~E~'DER:wtAY £hTFdt JUDG.rtEh"I' BY COtYI+I~«S610N AGAINS'T' TIE t]IVD.F~SIO+"~ED. BEII"1GG Ft1X.LY A1VAItI:~ OF IT3 RIGITI'8T0 PRIOR NOTICE ATdD A IIEARTiY'Cr Kk\ T8) YALIDIT'Y OF r9+'r'Y JY7DC"vIFaV'T`OR O°I'23fEIt t`LAJ11i9 THAT A'tAY X~ ASSN AGAINST Ti' BY X..EdtiDER TIIEREU^1AER BBFORTs JIJI~'7` I5 ~D, TA)E: t7NbER$IGt~'~ f~I2I;BY FRE~LY,KNOW'IttiGLY AND IN"IE I,I,IGI~'JTLY WAI't'FS TIIEStr RIGHTS ANA EXPRESSLY A(3RF,)I'S A!1`D COtiSENTS TO I.ENIllLYR'9 EFYTERING JfI3llGA'IENT AGAINST IT BY CbNFESStb~ PTlEkSi1A'VT TO THE TERAiS TkITREOP. B. TxB U"~D>tRSIC:?ilei) AG50 ACIa1YO~VLL~DGES AND AGREES TkIAT TN]E ABb'VE DOCU>-#ErT t^ONTA~S PROVISIONS tairAER WIIICIX T.EtvDER irIAY, AFTER ENTRY bP.ri.'Dt,A3ENT AND RTI'IIOC'T EiTHBR ivOTICE OR A IIEAR1tiG, FORECLOSE L'POl`i, ATTACIIS I.E'VY, TAKE PbSSESSIO>v bF bR OTH'I~tWISE 5E27..>: PROPERTY OF TCXE IfiTfERSIG'VED I]vi PULL C)R PAR1'IAI, PAYASFa~t'C' OF THE JUDG:NEN'i'. ~'EING FUZZY AWARE OP ITS RIGHTS AFTER JYfDGMEiV"F ffi ENTERED (INCLClDIItiG THE RiGFTi' Tb vtOVE TO OPEN bRSTRIKE THE3lDGME1'i'), TIIEZ'NDERSIGty ED HEREBY FREELX, KNOv~'IhGI.Y A,'4'A Pi TXILLIGTLY VvAIVES ITS RIGFI'I'S TO 10TICE AND A HEARING ANA E7CPRE3SZY AGREES AND CONSEh"f5 TO LENDER'S TAKING 5I3CH A[TiOivS AS AIA'Y BE PERISIITTED LiNDkR APPLIC.ABI.E STATE AND FEDERAL LAMA'' WOLiT PRIOR NOTICE TO Tim G'NDERSIGVED. C. The undersigned certifies that a rapresentativc ofLender spcci~cally called the confession af,}udgme3at provisions iu the above document to the attealdan of the undersi~led, asldlor that the uadcrsi~ed was represented by legal cnelnsel to clertian with the above documern. D. The utclersigned hartby certifies: that its antlual income exceeds ~it~,00i1; that all references to the undersigned. above refer to all person.t and entities signing below; and that the undersigned recen~ed a cagy hereof at the t"sme of sigxaing. ~~~~~ ~ ; ~Q ~Lr~ C:tDaCfJl~f~.~2~FF204(l~-1.P2~C';LC3~.~~.5~11~'esx~r~C.Notcs.l7atalFEI.,IXconf.ntar, doe Form 9C' . PA Etev, 31+~ p~~~~~~ June 8, 2407 Certified and Kegular Mail Felix. & Sons Inc Mr. Cornelius Felix, President 1246 Konca Street Fountain Hill, Pennsylvania 18415 Aquilla Felix 1206 Konca Street Fountain Hill, Pennsylvania 18015 1~eeba Felix Naveed Duff 15833 73ra Street 15833 73'~ Street Flushing;, New York 11364 Flushing, New York 11366 RF: Loan #3218549/642551888 Dear 1vlr. Felix: Felix & Sons, Inc., is in default of their obligations to PNC Bank (the `sBank") for failure to make payments on the $523,404.00 loan (the "I..oan"} as required in the Promissory Note that evidences the Loan and the Guaranty Agreements} that secures the Loan. As a result of the default of your obligations to the Bank., the entire outstanding amount of the I.Joan has been accelerated and is now due and payable immediately in full.. T'he amounts that are due and payable to the Bank are as follows: Principal $412,495.62 Interest ~ 57,413.36 {as of 6!47107) Late Charges $ 3,047.40 3`otal $472,956.38 Interest continues to accrue at the rate of $121.49 per day through the date on which payment is received by the Sank. In addition to the amounts set forth above, you will. be responsible for payment or reimbursement to the Bank ft~r all attorneys' fees incurred. or paid by the Bank with respect to this matter. Niafnbar of TMa PNC financial 5erwices group 201 Per+n Avenue Scranton Pennsylvania 16503 www.pnc.com Page 2 please make anangernents far payment in foil of your obligations to the Bank by contacting the t3ank, as (allows: Kyra E. Zoranski Assistant Vice President 201 Penn Avenue Scranton, PA 18503 Phone: {570) 951-6256 Pax: {570) 951-6240 1'teither this letter nor anything contained herein waives, limits or otherwise affects in any way the Bank's rights to exercise and enforce its rights and remedies for collection of your obligations to the Bank, all of which are reserved by the :Bank, and remain in full farce and effect, enforceable by the Bank at any time an or after the date of this ]otter. We look forward to receiving payment in foil of your obligations to the Bank in the immediate future. (3therwise, the Bank may have no attentive but to initiate collection proceedings. Ifyou have any questions please Dail me at 570-961-6266. Thank you in advance far your cooperation in this matter. Sincerely, ~ - Kyra E. Z,orans Assistant Vice President (""} f~ } -•...~ '- _,,~ ~y '. 3 r~.f 1... ~~ ~. ' ~' ~t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. AQUILLA FELIX, Defendant DOCKET NO. CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Aquilla Felix A judgment in the amount of $525,481.70, plus interest, other expenses, fees and costs has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~_ ~ Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, McNees Wallace & Nurick LLC Date: Jul 2007 BY• . S ff, Esquire S eme C ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff ~.~ fra ~...... - t_) -~„J r r~ _~f t t ~ J~.^,. r~~: ^`,~ ',f "~. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. Q~ - N 355 CiV i ~ Te CM Plaintiff : v. :CONFESSION OF JUDGMENT AQUILLA FELIX, : Defendant :PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OFNON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that Defendant, Aquilla Felix, in the above- captioned action is not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: July 2007 By: Geo S. Shuff, Esquire u eme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff f 1 ~ ~ ' `~ =... rte,.. _"' ~:.` ~- s"+..~ ~~,', _ C3':~ -- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. d7- /•f355 Civil 7e~m Plaintiff : v. CONFESSION OF JUDGMENT AQUILLA FELIX, Defendant :PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 201 Penn Avenue, Scranton, PA 18503; and that the last known address of Defendant, Aquilla Felix, is 1206 Ronca Street, Fountain Hill, PA 18015. Respectfully submitted, McNees Wallace & Nurick LLC Date: July, 2007 By: G ~ uff, Esquire S ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~ ?" ~~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. b7' '~~ l.~ i Vi 1 ~c+"M Plaintiff v. CONFESSION OF JUDGMENT AQUILLA FELIX, Defendant :PREVIOUSLY ASSIGNED TO: N/A To: Aquilla Felix, Defendant You are hereby notified that on , 2007, judgment by confession was entered against you in the sum of $525,481.70, in the above-captioned c e. DATE: Pro~onot YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 I hereby certify that the following is the address of the Defendants stated in the certificate of residence: Aquilla Felix 1206 Ronca Street Fountain Hill, PA 18015 A, Aquilla Felix, Demandado(s) Por este medio sea avisado que en el dia de de 2007, un fallo por admision fine registrado contra usted por la contidad de $525,481.70, del caso antes escrito. Fecha: el dia de de 2007 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Por este medio certifico que to siguiente es la direccion del demandado dicho en el certificado de residencia: Aquilla Felix 1206 Ronca Street Fountain Hill, PA 18015 ~« COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. AQUILLA FELIX, Defendant DOCKET N0.07-4355 Civil Term CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Aquilla Felix 1206 Ronca Street Fountain Hill, PA 18015 Date: July~~ 2007 Respectfully submitted, McNees Wallace & Nurick LLC By: ~G S. Sh ,Esquire preme Co ID #24848 100 Pine S eet, PO Box 1166 Harrisbur PA 17108-1166 (717)237-5439 Attorneys for Plaintiff 1 _... ._ ~ ._. i 7160 3901 9849 9718 9324 TO: Aquilla Felix 1206 Ronca Street Fountain Hill, PA 18015 SENDER: Geoffrey S. Shuff REFERENCEPNC Bank i RETURN Postage ~ RECEIPT CertiNed Fee ~ P ~ SERVICE Return Receipt Fee ResVided Delive < Total Postage & ~' ~ US Postal Setvi~ ~~ Receipt for Certified Mail Nc Insurar~ coverage Provided U Sp S Do rat use ar Interrratiorral trtau Dor PNC Bank Geoffrey S. Shuff Agent Addressee ._.._~ Yes No ~ _"' . ~ c,_ ~~ ~ - ~ ~; r ~~ tr ; r ~' ~` ~ . ;. ~~' ~,. ~ ~ ~ , -u .- _ z~? ~" ~7= rrs C_ ca